San Rafael Elementary School District v. California Special Education Hearing Office

ORDER

On December 22, 2003, the San Rafael Elementary School District (“District”) filed this action pursuant to 20 USC § 1415 seeking relief from a determination by the California Special Education Hearing office that the District had not provided a “free and appropriate public education” (“FAPE”) to the real party in interest, AK, as required by the Individuals with Disabilities Education Act (“IDEA”). See Doc #1, ¶¶ 37-49; 20 USC § 1400 et seq. The District also seeks declaratory relief pursuant to 28 USC § 2201 (a). See id, ¶¶ 50-53. On December 30, 2004, the parties filed cross-motions for summary judgment. Doc ## 54, 60. On March 3, 2005, this court stayed the hearing on those motions pending a decision by the United States Supreme Court in Schaffer v. Weast, 546 U.S. 49 , 126 S.Ct. 528 , 163 L.Ed.2d 387 (2005), and on January 6, 2006, this court granted leave to file supplemental briefing regarding the effect of that decision on this case. Doc ## 115, 119. Both parties filed supplemental briefing, and on March 23, 2006, this court conducted a hearing on the motions for summary judgment and took the case under submission. See Doc ## 122, 123, 130. For the reasons stated…